4. • The terms "music law" and "entertainment law", along with
"business affairs", are used by the music and entertainment
industry and should not be thought of as academic definitions.
• Indeed, music law covers a range of traditional legal subjects
including
– intellectual property law
• Copyright, trademarks, publicity rights, design rights, patents?
– competition law
– bankruptcy law
– contract law
– defamation
– immigration law
– health and safety law
– licensing
5. Chapter 1. INTRODUCTION: THE MUSIC BUSINESS -- ITS PAST AND FUTURE
Chapter 2. THE ART OF MUSIC PUBLISHING
Chapter 3. SONGWRITING AGREEMENTS
Chapter 4. CO-PUBLISHING AND ADMINISTRATION
Chapter 5. INTERNATIONAL SUBPUBLISHING
Chapter 6. THE SPLIT COPYRIGHT SYNDROME
Chapter 7. THE LANGUAGE OF MUSIC LICENSING
Chapter 8. FORMALITIES OF MUSIC LICENSING
Chapter 9. DURATION OF COPYRIGHT ASSIGNMENTS OF COPYRIGHT, AND LICENSES
Chapter 10. BASIC CONSIDERATIONS IN MUSIC LICENSING
Chapter 11. THE ART OF GRANTING AND CLEARING MUSIC
Chapter 12. LICENSING MUSIC IN PRINT AND DIGITAL PRINT
Chapter 13. LICENSING MUSIC IN SOUND RECORDINGS
Chapter 14. LICENSING MUSIC IN BACKGROUND MUSIC SERVICES, DIGITAL JUKEBOXES, AND
OTHER COMMERCIAL REPRODUCTIONS (ELECTRICAL TRANSCRIPTION LICENSES)
Chapter 15. LICENSING MUSIC IN AUDIOVISUAL WORKS (SYNCHRONIZATION LICENSES FOR
THEATRICAL FILMS, TELEVISION PROGRAMS, MUSIC VIDEOS , ETC.)
Chapter 16. THE USER-GENERATED CONTENT PHENOMENON
Chapter 17. OLD LICENSES, NEW USES
Chapter 18. LICENSING MUSIC IN LIVE AND RECORDED PUBLIC PERFORMANCES
Chapter 19. THE GRAND RIGHTS CONTROVERSY
Chapter 20. LICENSING MUSIC IN TELEVISION, RADIO, PRINT, AND INTERNET ADVERTISING
Chapter 21. LICENSES FOR MUSIC BOXES, CONSUMER MUSICAL PRODUCTS AND OTHER
MERCHANDISE
Chapter 22. LICENSING MUSIC IN VIDEOGAMES AND OTHER NEW MEDIA AND MULTIMEDIA
DEVICES AND ONLINE VERSIONS
Chapter 23. LICENSING OF SOUND RECORDINGS
Chapter 24. THE DIGITAL SAMPLING CONTROVERSY
Chapter 25. THE FAIR USE CONTROVERSY
Chapter 26. TYPICAL LICENSE FEES
6.
7. For Music
Counterfeiting &
Piracy see IP Crimes
Research Pathfinder
8. Creators
Music Public
Industry
Copyrights Policy
End
users
9. • Writers
• Performers
• Record labels
• Music Publishers
• Agents
• Lawyers
• Merchandisers
• Live events sector
• Production Personnel
• Recording
• Mixing
• Sales & marketing
• Derivative users
• Consumers
• Fair use
• Courts
• Administrative agencies
• ADR
10.
11.
12. 1. Reproduce the Work: The rights to make copies of the work, such as the right to
manufacture compact discs containing copyrighted sound recordings.
2. Distribute Copies of the Work: The right to distribute and sell copies of the work to the
public.
3. Perform Works Publicly: Copyright owners of songs (but not owners of sound recording
copyrights) control the rights to have their song performed publicly. Performance of a song
generally means playing it in a nightclub or live venue, on the radio, on television, in
commercial establishments, elevators or anywhere else where music is publicly heard.
4. Make Derivative Works: A derivative work is a work that is based on another work such as a
remix of a previous song or a parody lyric set to a well-known song (a classic example being
Weird Al Yankovic’s song “Eat It” which combines Michael Jackson’s copyrighted original work
“Beat It”with a parody lyric “Eat It”).
5. Perform Copyrighted Sound Recordings by Means of a Digital Audio Transmission: This is a
right recently added by Congress that gives copyright owners in sound recordings the rights
to perform a work by means of a digital audio transmission. Examples of digital audio
transmissions include the performance of a song on Internet or satellite radio stations (such
as XM or Sirius).
6. Display the Work: Although this right is rarely applicable to music, one example would be
displaying the lyrics and musical notation to a song on a karaoke machine.
13.
14.
15. • Use a human being
• Any port in a storm
– Premium and open web
• Mix and match dedicated music law tools with
general tools that cover music law
– Could be part of tools on digital property, media
law, internet law
• Harness technology to manage information
overload.
16.
17.
18.
19. • No music law tabs or topical areas
– Consider Next and Advance work flow tools
• Similar primary sources of law
• Similar secondary sources of law
– No dedicated music law resources
– Note major titles exclusively on one or another
• Nimmer on Copyright = Lexis exclusive
• Similar practice tools
– Forms, dockets, pleadings, briefs….
21. • Title 17 of the United States Code contains the text of current federal copyright law. The following is
a selected list of important copyright statutes:
– Copyright Act of 1909, Public Law 60-349, 35 Stat. 1075 (1909)
– Copyright Act of 1976, Pub. L. No. 94-553, 90 Stat. 2541 (1976)
– Digital Millennium Copyright Act (DMCA), Pub L. No. 105 - 304, 112 Stat. 2860 (1998)
– Sound Recording Act of 1971, Pub. L. No. 140, 85 Stat. 39 (1971)
– Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996)
• Title 15 of the U.S. Code contains the text of three major antitrust statutes:
– Sherman Antitrust Act, 26 Stat. 209 (1890)
– Clayton Act, Pub. L. No. 63-212, 38 Stat. 730 (1914)
– Federal Trade Commission Act, 38 Stat. 717 (1914)
• Other statutes:
– Trademark Act of 1946 ("Lanham Act"), Pub. L. No.79-489, 60 Stat. 427 (1946)
– California Civil Code Section 3344 (Right of publicity)
– California Penal Code Section 653w (Failure to disclose origin of recording or audiovisual work)
– New York Civil Rights Law Sec. 50 & 51 (Right of privacy and action for damages)
22.
23. • Keyword searches on open web and premium search sites
• Find references in secondary sources and annotated codes
• KeyCite and Shepards
• Monitor news sources and social media
– Alerts and clipping services
• Limited help from West Topics and Key Numbers
– COPYRIGHTS AND INTELLECTUAL PROPERTY>Subjects of
copyright > Musical works
– COPYRIGHTS AND INTELLECTUAL PROPERTY>WHAT
CONSTITUTES INFRINGEMENT > Musical works
– COPYRIGHTS AND INTELLECTUAL PROPERTY
>Infringement>Evidence>Musical works.
27. • Trademark Manual of Examining Procedure
(TMEP) - October 2012
– Wexis and open web such as PTO
• Trademark Trial and Appeal Board Manual of
Procedure (TBMP) – June 2012
– Wexis and open web such as PTO
• Compendium II: Copyright Office Practices
– Only in the UNH Law IP Mall
28. Copyright Boards
• Decisions Of The Appeals Board - United States
Copyright Office 1999-2012.
• The Copyright Royalty Tribunal was established by act
of October 19, 1976 (17 U.S.C. 801).
– The Tribunal was composed of five Commissioners
appointed by the President with the advice and consent of
the Senate.
– The Tribunal adjusted copyright royalty rates for cable
retransmission of broadcast signals in recording new
versions of previously recorded songs and for
noncommercial educational stations that broadcast
musical, pictorial, graphic, and sculptural works.
– Now called Copyright Arbitration Royalty Panels (CARP)
29. • Find the law
• Understand the law
• Cite when indicated
• Cross reference to other
sources
• Keywords for online searches
• Keep up to date with the law
• Spectrum of social media to
traditional news to scholarship
30. UNH Law has HUNDREDS of music law
treatises…BUT…
31. Updated Treatises for Legal
Professionals
We are
updated and
on Lexis or
Westlaw
Entertainment
Law, 3d: Legal
Concepts and
Business Practices
Entertainment
and Intellectual
Property Law
35. Set alert for new music
related
cases…monitor…harvest
pleadings…
36. • Legal Resource Index is MOST powerful search
tool
– Almost 3000 law journal articles with music law
subjects in title or indexing
• Index examples : Royalties. Sound recording industry. Online
music. International Federation of the Phonographic
Industry. Internet piracy. Dancehall Music. Folk music. Judas
Priest (Music group). Rock groups. File sharing. Music
publishers. Soul music. Music industry. Theater - Production
and direction Music.
• Otherwise proceed with Wexis and open web
keyword searching
37. Entertainment & Sports Law Journals
•
Cardozo Arts & Entertainment Law Journal — Benjamin N. Cardozo Law School, Yeshiva University.
Cardozo Post-Soviet Media Law & Policy Newsletter
Columbia University Journal of Law and the Arts
Communications and Entertainment Law Journal (Comm/Ent) — University of California, Hastings
Entertainment and Sports Law Review — University of Miami School of Law.
Entertainment and Sports Lawyer
Fordham University Intellectual Property, Media & Entertainment Law Journal
Indiana University Federal Communications Law Journal
Journal of Art and Entertainment Law — DePaul University.
Loyola of Los Angeles Entertainment Law Review — loyola of los angeles.
Marquette Sports Law Journal — Marquette University.
National Sports Law Institute Publications — Marquette University.
South Texas College of Law Entertainment and Sports Law Journal
The DePaul-LCA Journal of Art and Entertainment Law — DePaul College of Law.
Tulane University Sports Lawyers Journal
UCLA Entertainment Law Review — University of California, Los Angeles School of Law.
University of Virginia Journal of Sports and Entertainment Law
University of Virginia Sports and Entertainment Law Journal
Vanderbilt University Journal of Entertainment Law & Practice
Villanova University Sports & Entertainment Law Journal
Yale Journal of Law and the Humanities — Yale University.
44. International Music Registry
Music: Sounding out the Future,
International Copyright Forum
Francis Gurry, Director General, World
Intellectual Property Organization
47. In 1997, the Louisiana house bill 1236 was introduced to prevent the sale of music
containing lyrics considered harmful to minors. "Harmful" was defined as being any
"record, album, cassette, CD, tape, recording, etc. that advocates
rape, prostitution, homicide, unlawful ritual acts, suicide, the commission of crimes
because of the victim's race, gender, color, religion, or national origin, the use of
controlled dangerous substances, or the unlawful use of alcohol". Any music that fell
under those categories was required to have a label stating the material's
objectionable content.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58. • Many music law Twitter feeds
• First look at some issues
• Integrated into many music law web resources
• Native Twitter Search engine
• Google Twitter Search
• 50+ Ways to Search Twitter
59.
60. • Additionally, artists who wish to gather royalties on their music
broadcasts must join ASCAP, BMI, SESAC or some similar group who
can obtain BDS (Broadcast Data Systems) information on how many
times a song was played and award the artist accordingly.
– The first two are non-profit organizations: ASCAP allows a performing
musician to register by paying dues, while prospective members of
BMI must prove that they can become an "affiliate" (provide for their
own financial needs).
– SESAC is a for-profit organization that doesn't seem to have much
benefit for a "new" artist, mostly because they pay out expected
royalties up front; only the already big names would enjoy this system
if their previous song went over very well, and the expected return on
the new song is to be as high (that way, if it does not do as well
commercially, the artist comes out on top with a substantial chunk of
change, but their next payout will probably be low if they use SESAC
again).
65. Can be challenging
• Some research is easy and some is difficult
– If you know the name of a treaty = easy
– Mix and match open web with premium treaty
research tools
– If you want national enabling statutes, interpretive
cases and English secondary sources = challenging
• Lexis and Westlaw country collections
– Have to figure out where music issues fit in a a
national scheme
• Finding foreign IP law on IP is easy but others challenging
– Consider using local counsel
66.
67. • WIPO
• UN Featured
Open Source
• UNESCO
• INTERPOL
• GLIN @ LOC
• NGO
• Law Schools
– LibraryGuides
